Supreme Court directs Centre to consider Common Nodal Ministry for all tribunals

The Supreme Court today directed the Central government to consider the observations of the Supreme Court in the judgment of Union of India v. R Gandhi concerning implementation of a common nodal agency for all tribunals..This came in a petition filed by Madras Bar Association which was heard by a Constitution Bench comprising Justices Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel and Rohinton Fali Nariman..In R Gandhi’s case, the Court had asked the Central government to consider uniform service conditions in all tribunals and bringing all tribunals under one umbrella – preferably Ministry of Law and Justice. The Court had, in fact, reiterated its suggestions made in an earlier case of L Chandrakumar v. Union of India..After R Gandhi was rendered in 2010, the Madras Bar Association had moved the Supreme Court in 2012, seeking implementation of the directions in R Gandhi. The petition was initially heard along with the case concerning National Company Law Tribunal but was subsequently de-tagged from that matter..When the case came up for hearing today, Solicitor General Ranjit Kumar appearing for the Central government submitted that the Parliament is considering the matter and the Bill will be introduced soon..“Parliament is considering the matter. It is the property of the House”, said Ranjit Kumar.”.The Bench was then inclined to dispose the matter or tag it along with a similar case already pending before a smaller Bench..“There seems to be nothing remaining for a Constitution Bench to hear”, the Court said..However, Advocate Nikhil Nayyar appearing for Madras Bar Association submitted that the Centre is only implementing the Court’s suggestions regarding uniform conditions of service and that it has rejected the suggestion to bring all tribunals under one Ministry..The Court queried Ranjit Kumar about the same and he accepted it..“We are making conditions of service and qualification uniform. We are not bringing them under one nodal agency…there was no Mandamus to bring in a nodal agency. It was only a suggestion. Presently, that suggestion does not seem to have been carried through”, he said..The Court then asked for the “wordings” used in both L Chandra Kumar’s judgment and R Gandhi’s judgment..After going through the same, the Bench said that the suggestion concerning common nodal agency has not been considered by the Centre appropriately. Ranjit Kumar said that he could ask the government to reconsider the said suggestion..The Court, therefore, directed the following:.“We feel it would be more appropriate if the observation in R Gandhi’s judgment are reconsidered by the government.”.The case will now be taken up on April 11 when the Centre will inform the Court about the steps taken pursuant to the direction given by the Bench today.